S.Amdt. 5971

SA 5971. Mr. DAINES (for himself and Mr. Menendez) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _____. AMENDMENTS TO ACQUIRED FUND FEES AND EXPENSES REPORTING ON INVESTMENT COMPANY REGISTRATION STATEMENTS.

(a) Definitions.--In this section:

(1) Acquired fund.--The term “acquired fund” has the meaning given the term in Form N-1A, Form N-2, and Form N-3.

(2) Acquired fund fees and expenses.--The term “acquired fund fees and expenses” means the acquired fund fees and expenses subcaption in the fee table disclosure.

(3) Business development company.--The term “business development company” has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)).

(4) Fee table disclosure.--The term “fee table disclosure” means the fee table described in item 3 of Form N-1A, item 3 of Form N-2, or item 4 of Form N-3 (as applicable, and with respect to each, in any successor fee table disclosure that the Securities and Exchange Commission adopts).

(5) Form n-1a.--The term “Form N-1A” means the form described in section 274.11A of title 17, Code of Federal Regulations, or any successor regulation.

(6) Form n-2.--The term “Form N-2” means the form described in section 274.11a-1 of title 17, Code of Federal Regulations, or any successor regulation.

(7) Form n-3.--The term “Form N-3” means the form described in section 274.11b of title 17, Code of Federal Regulations, or any successor regulation.

(8) Registered investment company.--The term “registered investment company” means an investment company, as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3), registered with the Securities and Exchange Commission under that Act.

(b) Excluding Business Development Companies From Acquired Fund Fees and Expenses.--A registered investment company may, on any investment company registration statement filed pursuant to section 8(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-8(b))--

(1) omit from the calculation of acquired fund fees and expenses those fees and expenses that the investment company incurred indirectly as a result of investment in shares of 1 or more acquired funds that is a business development company; and

(2) instead disclose in a footnote to the fee table disclosure those fees and expenses described in paragraph (1), calculated according to the acquired fund fees and expenses formula.